(영문) 대전지방법원 2016.08.24 2016노450 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2016.08.24 2016노450

강제추행

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (defendant) The Defendant merely prevented the victim from getting out of the victim to return to the victim in order to remove him/her from his/her conduct and the victim of the horse fighting, and did not commit an indecent act against the victim.

However, the lower court found the Defendant guilty on the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine.

B. The sentence of the lower court (one million won in penalty amount, and 40 hours in order to complete a sexual assault treatment program) is too heavy or unreasonable.

2. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the following facts can be acknowledged.

The Defendant, along with K, was on the main point of this case, and the victim who was on duty at the same workplace, was able to look at the same place of work.

While the defendant and the victim are under the influence of each person's daily driving and drinking, K, who is one of the defendant's daily driving and drinking, she gets the victim to engage in the victim's daily driving and horse fighting, and she gets the victim's daily driving and horse fighting, and the defendant she gets out of K in order to remove the victim from K.

was made.

The victim started to go through the defendant who was aware of, and the defendant got out of the main point and moved about 10 meters from the victim's hand to the victim, and tried to talk with the victim with the victim.

In that sense, the defective defendant, who intends to spread back to the place where the victim is driving again, prevented the defendant from getting the victim. However, the defendant was followed by the perpetrator and the victim.

F was removed from the victim by the defendant who prevented the victim.

According to the consistent statement of the victim that the defendant had his own fruit, the defendant was at the time.

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